The City hereby declares that its policy and intent in adopting this ordinance is to fully comply with the requirements of the Act, and the provisions hereof should be construed in such a manner as to achieve that purpose. The City shall comply in all respects with the requirements of the Act, including but not limited to the following:
(a) Exempting certain route maps from public disclosure under the Freedom of Information Act, Public Act 442 of 1976, MCLA §§ 15.231 to 15.246, as provided in § 15-65(c) of this ordinance;
(b) Allowing certain previously issued permits to satisfy the permit requirements hereof, in accordance with § 15-65(f) of this ordinance;
(c) Allowing existing providers additional time in which to submit an application for a permit, and excusing such providers from the $500.00 application fee, in accordance with § 15-65(g) of this ordinance;
(d) Approving or denying an application for a permit within forty-five (45) days from the date a telecommunications provider files an application for a permit for access to and usage of a public right-of-way within the City, in accordance with § 15-66(a) of this ordinance;
(e) Notifying the MPSC when the City has granted or denied a permit, in accordance with § 15-66(a) of this ordinance;
(f) Not unreasonably denying an application for a permit, in accordance with § 15-66(a) of this ordinance;
(g) Issuing a permit in the form approved by the MPSC, with or without additional or different permit terms, as provided in § 15-66(b) of this ordinance;
(h) Limiting the conditions imposed on the issuance of a permit to the telecommunications provider’s access and usage of the public right-of-way, in accordance with § 15-66(c) of this ordinance;
(i) Not requiring a bond of a telecommunications provider which exceeds the reasonable cost to ensure that the public right-of-way is returned to its original condition during and after the telecommunication provider’s access and use, in accordance with § 15-66(d) of this ordinance;
(j) Not charging any telecommunications providers any additional fees for construction or engineering permits, in accordance with § 15-67 of this ordinance;
(k) Providing each telecommunications provider affected by the City’s right-of-way fees with a copy of this article, in accordance with § 15-72 of this ordinance;
(l) Submitting an annual report to the Authority, in accordance with § 15-75 of this ordinance; and
(m) Not holding a cable television operator in default for a failure to pay certain franchise fees, in accordance with § 15-76 of this ordinance.
(Ord. 3512, passed 4-28-2003)
Statutory reference:
Freedom of Information Act, see MCLA 15.231 et seq.